§ 121-52 – Acquisition of title to loaned property.
121-52. Acquisition of title to loaned property. (a) A museum or archives repository may acquire the title to documented property loaned to the museum or archives repository if (i) the term of the loan has expired and at least seven years have passed without written or other contact between the lender and the museum or […]
§ 121-53 – Disputed ownership.
121-53. Disputed ownership. (a) If the Department determines that the claim of ownership is not valid and rejects the claim to the artifact, the claimant may appeal the determination as provided by Chapter 150B of the General Statutes. The burden shall be on the claimant to prove that the claimant is the legal owner of […]
§ 121-38 – Validity of agreements.
121-38. Validity of agreements. (a) No conservation or preservation agreement shall be unenforceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) These agreements are interests in land […]
§ 121-39 – Enforceability of agreements.
121-39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief administered or afforded by the courts of this State. Where appropriate under the agreement, damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or […]
§ 121-24 – Department authorized to establish professional staff.
121-24. Department authorized to establish professional staff. The Department of Natural and Cultural Resources is also authorized to establish a professional staff for the purpose of conducting and/or supervising the surveillance, protection, preservation, survey and systematic underwater archaeological recovery of underwater materials as defined in G.S. 121-22 hereof. (1967, c. 533, s. 3; 1973, c. […]
§ 121-25 – License to conduct exploration, recovery or salvage operations.
121-25. License to conduct exploration, recovery or salvage operations. (a) Any qualified person, firm or corporation desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any part of a derelict vessel or its contents or other archaeological site may be removed, displaced or destroyed, shall first make application […]
§ 121-25.1 – Criminal record checks of applicants for permit or license.
121-25.1. Criminal record checks of applicants for permit or license. (a) The following definitions apply to this section: (1) Applicant. – A person or entity applying for a permit or license under G.S. 121-25 to conduct any type of exploration, recovery, or salvage operations of any part of a derelict vessel or its contents or […]
§ 121-26 – Funds received by Department under § 121-25.
121-26. Funds received by Department under 121-25. Any funds which may be paid to or received by the Department of Natural and Cultural Resources under the terms of G.S. 121-25 hereof may be allocated for use by the Department of Natural and Cultural Resources for continuing its duties under this Article, subject to the approval […]
§ 121-27 – Law-enforcement agencies empowered to assist Department.
121-27. Law-enforcement agencies empowered to assist Department. All law-enforcement agencies and officers, State and local, are hereby empowered to assist the Department of Natural and Cultural Resources in carrying out its duties under this Article. (1967, c. 533, s. 6; 1973, c. 476, s. 48; 2015-241, s. 14.30(s).)
§ 121-28 – Violation of Article a misdemeanor.
121-28. Violation of Article a misdemeanor. Any person violating the provisions of this Article or any rules or regulations established thereunder shall be guilty of a Class 1 misdemeanor. (1967, c. 533, s. 8; 1993, c. 539, s. 917; 1994, Ex. Sess., c. 24, s. 14(c).)